Dell Publishing Co. v. Stanley Publications, Inc.
Appellate Division of the Supreme Court of the State of New York
1DissentMcNally, J.
Plaintiff has been awarded judgment restraining defendant from using the word “ Modern ” in conjunction with the word “ Confessions ” in publishing, distributing, selling and offering for sale or advertising’ the magazine entitled ‘1 Modern Confessions ’ ’. The complaint is grounded on infringement of trade-mark and unfair competition.
Plaintiff is engaged in the business of publishing and selling magazines and books throughout the United States and in various. foreign countries. Among the magazines published and sold *117by plaintiff is the 11 Dell Modern Group ’ ’ consisting of the magazines…
2Cases cited15 opinions
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- Aluminum Fabricating Company of Pittsburgh and Season-All Sales Corp. v. Season-All Window Corp.Court of Appeals for the Second Circuit · 1958
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Eastern Construction Co. v. Eastern Engineering Corp.New York Court of Appeals · 1927
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